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| S. Curtis DeVoe, Partner |
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Curt DeVoe’s practice since 1989 has focused on environmental compliance and litigation. He has a broad knowledge of and experience with Indiana and federal environmental laws and programs that pertain to solid and hazardous waste, wastewater, surface water, wetlands, groundwater and air. Curt regularly negotiates and pursues administrative review of NPDES and industrial wastewater pretreatment permits and enforcement actions under the Clean Water Act and represented property owners in wetland enforcement and mitigation matters under EPA, IDEM, and the U.S. Army Corps of Engineers rules and proceedings. He represents buyers and sellers of properties and business assets involving brownfields and petroleum, environmental concerns including drafting and negotiating contractual language, transfer of permits, and investigation, assessment and response to contamination and other environmental liabilities. Curt has represented a variety of clients and obtained site closures through Indiana’s Voluntary Remediation Program—a program he helped create by participating in regulated-industry and legal community work groups—and other state and federal cleanup programs. Curt received his A.B. from Princeton University in 1982. He received his J.D. from the University of California, Berkeley, School of Law in 1988. Before law school, Curt taught at the Crossroads School for Arts and Sciences in Santa Monica, California. He was an associate at Ice Miller Donadio & Ryan in Indianapolis from 1988 to 1993. He joined this firm in 1993 and became a partner in 1998. Curt received an AV peer review rating by Martindale-Hubbell and has been named a "Super Lawyer" and a "Best Lawyer" in environmental law. Curt has been an occasional adjunct professor at Indiana University Indianapolis - Robert H. McKinney School of Law, teaching sections of environmental law classes.
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Significant Cases, Administrative Matters & Transactions
Consulted with various industrial and municipal clients concerning compliance with Clean Water Act. Represented defendants in various environmental enforcement actions (including criminal investigations) and litigation. Negotiated and pursued administrative review of NPDES and industrial wastewater pretreatment permits and enforcement actions under Clean Water Act, including local, state and federal notices of violation, consent orders and agreed orders. Negotiated reduced penalties based upon mitigation and other supplemental environmental projects. Represented property owners in wetland enforcement and mitigation matters under EPA, IDEM, U.S. Army Corps of Engineers, and Natural Resource Conservation Service (former Soil Conservation Service) jurisdiction. Succesfully challenged IDEM's jurisdiction over isolated wetlands not subject to federal jurisdiction( Twin Eagle, LLC v. IDEM, 2002).
Appealed various enforcement and permitting actions concerning wastewater from confined feeding operations and publicly owned treatment works. Represented plaintiffs in various lawsuits to obtain recovery of investigation and cleanup costs, completion of cleanup, and property damages relating to petroleum contamination. Represented buyers and sellers of real property and business assets involving environmental contractual language, transfer of permits, and investigation, assessment and response to contamination and other environmental liabilities. Businesses included railroads, power plants, metal recyclers, steel mills, gasoline stations, chemical manufacturers and suppliers, metal treating and finishing operations, a former coke manufacturing plant, manufactured gas plants, natural gas companies, and other manufacturing concerns, commercial facilities, and unimproved former dumping sites. Represented property owners participating in the Indiana Voluntary Remediation Program and other voluntary cleanup actions. Sites included a former coke manufacturing plant, a manufactured gas plant, petroleum retail, storage and refining sites, railroad yards, metal treating and machining businesses, chemical manufacturers and suppliers, foundries, a former federal military depot, steel mills, other manufactory sites, and light industrial and commercial properties. Assisted purchasers of contaminated property with obtaining tax relief and private, local, state, and federal grant and loan funding (brownfields redevelopment). Counseled various clients concerning spill reporting and underground storage tank regulatory issues and defended against alleged violations.
Publications & Speaking Engagements
2009
Speaking Engagement
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Speaker, "The Legal Side of Green," WNIT-FM Green Expo, South Bend, Indiana
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2007
Speaking Engagement
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Author and Speaker, "Environmental Compliance, IDEM Permit: Approvals, Denials, and Appeals; Administrative Lobbying; and Solid Waste Rules & Laws," In the Huddle with Plews Shadley Racher & Braun LLP
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2006
Publication
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Author and Speaker, "Environmental Issues Potentially Affecting Architects," Practicing Architecture in Indiana
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2006
Publication
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Author and Speaker, "Methamphetamine Labs and Other Environmental Issues Affecting Health Departments," Indiana Environmental Health Association
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2005
Publication
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Author and Speaker, "Methamphetamine Labs and Other Environmental Issues Affecting Health Departments," Indiana Environmental Health Association
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2005
Publication
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Author and Speaker, "Environmental Legal Issues Concerning Septic System," Indiana Onsite Water Pollution Association
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2004
Publication
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Author and Speaker, "MS4: Storm Water Discharge Associated with Municipal Separate Storm Sewer Systems," ICLEF
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2004
Publication
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Author and Speaker, "Water Issues, Recent Developments," CITES
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1999
Publication
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Author, "Understanding the Clean Water Act: A Summary of Federal and State Water Discharge Regulations"
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1998
Publication
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Author and Speaker, "Environmental Issues Affecting Commercial Real Estate Transactions," Indiana Continuing Legal Education Forum
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1997
Publication
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Author and Speaker, "Environmental Legislation and Rules," The Year in Review - 1997, Indiana Continuing Legal Education Forum
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1997
Publication
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Author and Speaker, "Environmental Issues Affecting Real Estate Transactions," Annual Real Estate Institute, Indiana Continuing Legal Education Forum
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1997
Publication
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Author and Speaker, "Brownfields Developments in Indiana," 6th Annual Business & Industry's Environmental Symposium, Cincinnati and Environmental Quality Control, Inc., Indianapolis
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1996
Publication
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Author and Speaker, "Environmental Issues Affecting Purchasers of Commercial Real Estate," Advising the Purchaser of Commercial Real Estate, Indiana Continuing Legal Education Forum
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1996
Publication
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Author, "Environmental Due Diligence and Contract Provisions," Advising the Purchaser of Commercial Real Estate, Indiana Continuing Legal Education Forum
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1995
Publication
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Co-Author and Speaker, "Judicial Review in Indiana: How it works, How to Expedite the Process," Indiana Continuing Legal Education Forum
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1995
Publication
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Author and Speaker, "Legal Aspects of The Indiana Voluntary Remediation Program," CEI Environmental Consultants
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1995
Publication
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Author and Speaker, "Environmental Audits: An Overview of Legal Issues," Indiana Manufacturer's Association
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1995
Publication
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Author and Speaker, "Avoiding Environmental Enforcement Actions," Marion-Grant County Chamber of Commerce
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1994
Publication
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Author and Speaker, "An Overview of Environmental Site Assessments," Special Real Estate Problems and Remedies, Indiana Continuing Legal Education Forum
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1994
Publication
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Author and Speaker, "A Brief Overview of Enforcement Under the Indiana Air Pollution Control Law and the Clean Air Act," Indiana Chapter of NSWMA, Midwest Region
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1994
Publication
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Author and Speaker, "An Overview of Environmental Audits," Indiana Chamber of Commerce Annual Environmental Conference
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1994
Publication
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Author and Speaker, "An Overview of Environmental Audits," Northern Indiana Environmental Management Association
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1994
Publication
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Co-author and Speaker, "Clean Air Act Enforcement Issues," Air Permitting Under Title V, Bruce Carter & Associates Seminars
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1994
Publication
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Author and Speaker, "An Overview of Legal Issues Concerning Environmental Cleanups," Groundwater Technology, Inc. Technical Seminar, Indianapolis
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1993
Publication
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Author and Speaker, "Environmental Laws Affecting Real Estate Transactions," Environmental Law for the General Practitioner
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1993
Publication
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Author and Speaker, "Lender Liability and Indiana's Voluntary Cleanup Program," Environmental Issues for Real Estate Developers and Construction Engineering Firms
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1992
Publication
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Author and Speaker, "Lust and Money: Everything You Wanted to Know about the Indiana Financial Assurance Board," Environmental Quality Control, Inc.
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1992
Publication
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Co-Author, "Lender Liability for Environmental Matters," The Evolving Commercial Law in Indiana, Indiana Continuing Legal Education Forum
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1992
Publication
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Author and Speaker, "Storm Water Permits," Indiana Water Pollution Control Association
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1991
Publication
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Co-Author, "EPA Rules Regarding Storm Water Discharges from Construction Sites," SITES
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1991
Publication
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Author and Speaker, "Indiana's Environmental Taxes and Fees," American Bar Association, State and Local Taxation Section Annual Meeting
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1991
Publication
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Co-Author, "Environmental Matters Facing Banks: Liability for Cleanups and Issues in Bankruptcy," Banking Law Symposium, Indiana Continuing Legal Education Forum
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1991
Publication
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Author, "Environmental Factors in Business Transactions, Real Estate Transactions, and Bankruptcy," National Business Institute
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1991
Publication
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Co-Author, "Environmental Update: Summary of Recent Developments and A Practical Guide to Environmental Issues Affecting Business Transactions," Federal Civil Practice Update, Indiana Continuing Legal Education Forum
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1990
Publication
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Co-Author, "Environmental Issues in Business Transactions," Indiana Continuing Legal Education Forum
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1989
Publication
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Co-Author, "Underground Storage Tanks," Indiana Continuing Legal Education Forum
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1989
Publication
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Co-Author, "Infectious Waste," Understanding Environmental Liabilities, Indiana Continuing Legal Education Forum
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Associations & Memberships
Member, Indiana State Bar Association, Environmental Law Section Member, Indianapolis Bar Association, Environmental Law Section (Chairman 1996-1997) Member, American Bar Association, Section on Natural Resources, Energy, and Environmental Law Member, Indiana Voluntary Remediation Agreement Subcommittee (1992-1993) (Assisted Indiana Department of Environmental Management with development of program and documents to implement new Voluntary Remediation Program established by 1992 legislation) Member, Indiana Chamber of Commerce, Environmental Committee and Work Groups (1991- present) Member, Indiana Manufacturers Association, Environmental Committees and Work Groups (1991 to present)
Honors
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2012
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Selected for inclusion in Indiana Super Lawyers -- Envirnonmental Law
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2011
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Martindale-Hubbell AV Peer Review Rating
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2011
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Listed in Best Lawyers in America®
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2011
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Selected for inclusion in Indiana Super Lawyers -- Environmental
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2010
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Selected for inclusion in Indiana Super Lawyers Magazine - Environmental
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2010
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Listed in Best Lawyers in America®
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2009
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Listed in Best Lawyers in America®
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2008
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Listed in Indiana Super Lawyers
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1987
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Executive Editor Ecology, Law Quarterly, University of California, Berkeley, School of Law
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1986
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Associate Editor, Ecology Law Quarterly, University of California, Berkeley, School of Law
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Employment History
1998- present Partner, Plews Shadley Racher & Braun LLP 1993- 1997 Associate, Plews Shadley Racher & Braun LLP 1988- 1993 Associate, Ice Miller Donadio & Ryan, Indianapolis, Indiana 1983- 1985 Paralegal, Washburn & Kemp, San Francisco, California 1982- 1983 Teacher, Crossroads School for Arts and Sciences, Santa Monica, California
Volunteer Activities
Member, Tocqueville Society, United Way of Central Indiana Chief Driving Instructor, Central Indiana Region, Porsche Club of America (2006- present) Past President and Past Member, Board of Directors, Central Indiana Tennis Association Director At Large, United States Tennis Association, Midwest Section (1997- 1999)
Practice Areas
Significant Cases, Administrative Matters & Transactions
Consulted with various industrial and municipal clients concerning compliance with Clean Water Act. Represented defendants in various environmental enforcement actions (including criminal investigations) and litigation. Negotiated and pursued administrative review of NPDES and industrial wastewater pretreatment permits and enforcement actions under Clean Water Act, including local, state and federal notices of violation, consent orders and agreed orders. Negotiated reduced penalties based upon mitigation and other supplemental environmental projects. Represented property owners in wetland enforcement and mitigation matters under EPA, IDEM, U.S. Army Corps of Engineers, and Natural Resource Conservation Service (former Soil Conservation Service) jurisdiction. Succesfully challenged IDEM's jurisdiction over isolated wetlands not subject to federal jurisdiction( Twin Eagle, LLC v. IDEM, 2002).
Appealed various enforcement and permitting actions concerning wastewater from confined feeding operations and publicly owned treatment works. Represented plaintiffs in various lawsuits to obtain recovery of investigation and cleanup costs, completion of cleanup, and property damages relating to petroleum contamination. Represented buyers and sellers of real property and business assets involving environmental contractual language, transfer of permits, and investigation, assessment and response to contamination and other environmental liabilities. Businesses included railroads, power plants, metal recyclers, steel mills, gasoline stations, chemical manufacturers and suppliers, metal treating and finishing operations, a former coke manufacturing plant, manufactured gas plants, natural gas companies, and other manufacturing concerns, commercial facilities, and unimproved former dumping sites. Represented property owners participating in the Indiana Voluntary Remediation Program and other voluntary cleanup actions. Sites included a former coke manufacturing plant, a manufactured gas plant, petroleum retail, storage and refining sites, railroad yards, metal treating and machining businesses, chemical manufacturers and suppliers, foundries, a former federal military depot, steel mills, other manufactory sites, and light industrial and commercial properties. Assisted purchasers of contaminated property with obtaining tax relief and private, local, state, and federal grant and loan funding (brownfields redevelopment). Counseled various clients concerning spill reporting and underground storage tank regulatory issues and defended against alleged violations.
Publications & Speaking Engagements
2009
Speaking Engagement
|
|
Speaker, "The Legal Side of Green," WNIT-FM Green Expo, South Bend, Indiana
|
| |
2007
Speaking Engagement
|
|
Author and Speaker, "Environmental Compliance, IDEM Permit: Approvals, Denials, and Appeals; Administrative Lobbying; and Solid Waste Rules & Laws," In the Huddle with Plews Shadley Racher & Braun LLP
|
| |
2006
Publication
|
|
Author and Speaker, "Environmental Issues Potentially Affecting Architects," Practicing Architecture in Indiana
|
| |
2006
Publication
|
|
Author and Speaker, "Methamphetamine Labs and Other Environmental Issues Affecting Health Departments," Indiana Environmental Health Association
|
| |
2005
Publication
|
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Author and Speaker, "Methamphetamine Labs and Other Environmental Issues Affecting Health Departments," Indiana Environmental Health Association
|
| |
2005
Publication
|
|
Author and Speaker, "Environmental Legal Issues Concerning Septic System," Indiana Onsite Water Pollution Association
|
| |
2004
Publication
|
|
Author and Speaker, "MS4: Storm Water Discharge Associated with Municipal Separate Storm Sewer Systems," ICLEF
|
| |
2004
Publication
|
|
Author and Speaker, "Water Issues, Recent Developments," CITES
|
| |
1999
Publication
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Author, "Understanding the Clean Water Act: A Summary of Federal and State Water Discharge Regulations"
|
| |
1998
Publication
|
|
Author and Speaker, "Environmental Issues Affecting Commercial Real Estate Transactions," Indiana Continuing Legal Education Forum
|
| |
1997
Publication
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Author and Speaker, "Environmental Legislation and Rules," The Year in Review - 1997, Indiana Continuing Legal Education Forum
|
| |
1997
Publication
|
|
Author and Speaker, "Environmental Issues Affecting Real Estate Transactions," Annual Real Estate Institute, Indiana Continuing Legal Education Forum
|
| |
1997
Publication
|
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Author and Speaker, "Brownfields Developments in Indiana," 6th Annual Business & Industry's Environmental Symposium, Cincinnati and Environmental Quality Control, Inc., Indianapolis
|
| |
1996
Publication
|
|
Author and Speaker, "Environmental Issues Affecting Purchasers of Commercial Real Estate," Advising the Purchaser of Commercial Real Estate, Indiana Continuing Legal Education Forum
|
| |
1996
Publication
|
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Author, "Environmental Due Diligence and Contract Provisions," Advising the Purchaser of Commercial Real Estate, Indiana Continuing Legal Education Forum
|
| |
1995
Publication
|
|
Co-Author and Speaker, "Judicial Review in Indiana: How it works, How to Expedite the Process," Indiana Continuing Legal Education Forum
|
| |
1995
Publication
|
|
Author and Speaker, "Legal Aspects of The Indiana Voluntary Remediation Program," CEI Environmental Consultants
|
| |
1995
Publication
|
|
Author and Speaker, "Environmental Audits: An Overview of Legal Issues," Indiana Manufacturer's Association
|
| |
1995
Publication
|
|
Author and Speaker, "Avoiding Environmental Enforcement Actions," Marion-Grant County Chamber of Commerce
|
| |
1994
Publication
|
|
Author and Speaker, "An Overview of Environmental Site Assessments," Special Real Estate Problems and Remedies, Indiana Continuing Legal Education Forum
|
| |
1994
Publication
|
|
Author and Speaker, "A Brief Overview of Enforcement Under the Indiana Air Pollution Control Law and the Clean Air Act," Indiana Chapter of NSWMA, Midwest Region
|
| |
1994
Publication
|
|
Author and Speaker, "An Overview of Environmental Audits," Indiana Chamber of Commerce Annual Environmental Conference
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| |
1994
Publication
|
|
Author and Speaker, "An Overview of Environmental Audits," Northern Indiana Environmental Management Association
|
| |
1994
Publication
|
|
Co-author and Speaker, "Clean Air Act Enforcement Issues," Air Permitting Under Title V, Bruce Carter & Associates Seminars
|
| |
1994
Publication
|
|
Author and Speaker, "An Overview of Legal Issues Concerning Environmental Cleanups," Groundwater Technology, Inc. Technical Seminar, Indianapolis
|
| |
1993
Publication
|
|
Author and Speaker, "Environmental Laws Affecting Real Estate Transactions," Environmental Law for the General Practitioner
|
| |
1993
Publication
|
|
Author and Speaker, "Lender Liability and Indiana's Voluntary Cleanup Program," Environmental Issues for Real Estate Developers and Construction Engineering Firms
|
| |
1992
Publication
|
|
Author and Speaker, "Lust and Money: Everything You Wanted to Know about the Indiana Financial Assurance Board," Environmental Quality Control, Inc.
|
| |
1992
Publication
|
|
Co-Author, "Lender Liability for Environmental Matters," The Evolving Commercial Law in Indiana, Indiana Continuing Legal Education Forum
|
| |
1992
Publication
|
|
Author and Speaker, "Storm Water Permits," Indiana Water Pollution Control Association
|
| |
1991
Publication
|
|
Co-Author, "EPA Rules Regarding Storm Water Discharges from Construction Sites," SITES
|
| |
1991
Publication
|
|
Author and Speaker, "Indiana's Environmental Taxes and Fees," American Bar Association, State and Local Taxation Section Annual Meeting
|
| |
1991
Publication
|
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Co-Author, "Environmental Matters Facing Banks: Liability for Cleanups and Issues in Bankruptcy," Banking Law Symposium, Indiana Continuing Legal Education Forum
|
| |
1991
Publication
|
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Author, "Environmental Factors in Business Transactions, Real Estate Transactions, and Bankruptcy," National Business Institute
|
| |
1991
Publication
|
|
Co-Author, "Environmental Update: Summary of Recent Developments and A Practical Guide to Environmental Issues Affecting Business Transactions," Federal Civil Practice Update, Indiana Continuing Legal Education Forum
|
| |
1990
Publication
|
|
Co-Author, "Environmental Issues in Business Transactions," Indiana Continuing Legal Education Forum
|
| |
1989
Publication
|
|
Co-Author, "Underground Storage Tanks," Indiana Continuing Legal Education Forum
|
| |
1989
Publication
|
|
Co-Author, "Infectious Waste," Understanding Environmental Liabilities, Indiana Continuing Legal Education Forum
|
| |
Associations & Memberships
Member, Indiana State Bar Association, Environmental Law Section Member, Indianapolis Bar Association, Environmental Law Section (Chairman 1996-1997) Member, American Bar Association, Section on Natural Resources, Energy, and Environmental Law Member, Indiana Voluntary Remediation Agreement Subcommittee (1992-1993) (Assisted Indiana Department of Environmental Management with development of program and documents to implement new Voluntary Remediation Program established by 1992 legislation) Member, Indiana Chamber of Commerce, Environmental Committee and Work Groups (1991- present) Member, Indiana Manufacturers Association, Environmental Committees and Work Groups (1991 to present)
Honors
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2012
|
|
Selected for inclusion in Indiana Super Lawyers -- Envirnonmental Law
|
| |
|
2011
|
|
Martindale-Hubbell AV Peer Review Rating
|
| |
|
2011
|
|
Listed in Best Lawyers in America®
|
| |
|
2011
|
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Selected for inclusion in Indiana Super Lawyers -- Environmental
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| |
|
2010
|
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Selected for inclusion in Indiana Super Lawyers Magazine - Environmental
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2010
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Listed in Best Lawyers in America®
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2009
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Listed in Best Lawyers in America®
|
| |
|
2008
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Listed in Indiana Super Lawyers
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1987
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Executive Editor Ecology, Law Quarterly, University of California, Berkeley, School of Law
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1986
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Associate Editor, Ecology Law Quarterly, University of California, Berkeley, School of Law
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Employment History
1998- present Partner, Plews Shadley Racher & Braun LLP 1993- 1997 Associate, Plews Shadley Racher & Braun LLP 1988- 1993 Associate, Ice Miller Donadio & Ryan, Indianapolis, Indiana 1983- 1985 Paralegal, Washburn & Kemp, San Francisco, California 1982- 1983 Teacher, Crossroads School for Arts and Sciences, Santa Monica, California
Volunteer Activities
Member, Tocqueville Society, United Way of Central Indiana Chief Driving Instructor, Central Indiana Region, Porsche Club of America (2006- present) Past President and Past Member, Board of Directors, Central Indiana Tennis Association Director At Large, United States Tennis Association, Midwest Section (1997- 1999)
Client Alerts
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